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DocuSign Envelope ID:DCB6F45C-AC01-45CD-9324-AB088020D6A4 <br /> 1", remix <br /> 5.4 Mobility Provider Cooperation.Customer acknowledges that the performance of the Services(and <br /> value of the Services to Customer) may depend on Rem ix's receipt of data or other information or cooperation <br /> from one or more Mobility Providers. Therefore, Customer shall be responsible for taking all actions reasonably <br /> required to ensure such Mobility Providers provide such data, information or cooperation to Remix as is reasonably <br /> required for Remix to perform the Services, including, without limitation, requiring Mobility Providers to make <br /> available to Remix any and all data and information to which Customer is entitled in accordance with Remix's then <br /> applicable data specifications, and without requiring Remix to pay any additional consideration to, or sign any <br /> agreement with,the Mobility Provider that would interfere with the provision of services or grant of licenses under <br /> this agreement. Customer acknowledges and agrees that(a) Remix shall have no liability for a Mobility Provider's <br /> failure to provide such data, information or cooperation or other action or omission and (b) a Mobility Provider <br /> shall in no event be construed as a Remix supplier, contractor or agent even if Remix enters into a license or other <br /> agreement with such Mobility Provider to obtain data or information in furtherance of the Services. <br /> 6. PROFESSIONAL SERVICES. <br /> 6.1 Where the parties have agreed to Remix's provision of Professional Services, the details of such <br /> Professional Services will be set out in an Order Form or a statement of work signed by both parties("SOW"). The <br /> Order Form or SOW, as applicable,will include: (a)a description of the Professional Services; (b)the schedule for <br /> the performance of the Professional Services; and (c)the Fees applicable for the performance of the Professional <br /> Services. Each Order Form or SOW, as applicable, will incorporate the terms and conditions of this Agreement. <br /> To the extent that a conflict arises between the terms and conditions of an Order Form or SOW and the terms of <br /> this Agreement,the terms and conditions of this Agreement will govern, except to the extent that the Order Form <br /> or SOW, as applicable, expressly states that it supersedes specific language in the Agreement. Customer may use <br /> anything delivered as part of the Professional Services in support of authorized use of the Services and subject to <br /> the terms regarding Customer's rights to use the Service set forth in this Agreement and the applicable SOW, but <br /> Remix will retain all right,title and interest in and to any such work product,code or deliverables and any derivative, <br /> enhancement or modification thereof created by Remix as part of the Professional Services. <br /> 6.2 Freedom of Information Requests. Remix will cooperate with Customer's requests to provide <br /> information that Customer requires to comply with its legal obligations under applicable freedom of information <br /> laws, provided that to the extent such cooperation exceeds the scope of Services specified in an Order Form, <br /> Remix will provide such cooperation as Professional Services pursuant to an SOW. <br /> 7. WARRANTIES AND DISCLAIMERS <br /> 7.1 Limited Warranty. Remix represents and warrants that it will provide the Services and perform its <br /> other obligations under this Agreement in a professional and workmanlike manner and in substantial conformity <br /> with the Documentation. Remix's sole liability (and Customer's sole and exclusive remedy)for any breach of this <br /> warranty will be, at no charge to Customer, for Remix to use commercially reasonable efforts to correct the <br /> reported non-conformity, or if Remix determines such remedy to be impracticable, either party may terminate the <br /> portion of the Services affected by the breach of warranty and Customer will receive as its sole remedy a refund <br /> of any Fees Customer has pre-paid for use of such Services for the terminated portion of the applicable Term. The <br /> limited warranty set forth in this Section 7.1 will not apply: (i) unless Customer makes a claim within thirty(30)days <br /> of the date on which Customer first noticed the non-conformity,(ii)if the error was caused by use not in accordance <br /> with the Documentation, unauthorized modifications or third-party hardware, software or services, or (iii) to use <br /> provided on a no-charge,trial or evaluation basis. <br /> 7.2 Disclaimer. THE LIMITED WARRANTY SET FORTH IN SECTION 7.1 IS MADE FOR THE BENEFIT <br /> OF CUSTOMER ONLY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 7.1, AND TO THE MAXIMUM EXTENT <br /> PERMITTED BY APPLICABLE LAW, THE SERVICES, LICENSED MATERIAL AND DOCUMENTATION ARE <br /> PROVIDED "AS IS,"AND NEITHER REMIX NOR ITS SUPPLIERS MAKES(AND SUCH PARTIES HEREBY DISCLAIM) <br /> ANY OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, <br /> 5 <br />